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I have had a good read of the document you provide a link to and have to say that I cannot reach the conclusion reached by you. Now it is totally possible I am overlooking something, so please could you quote the words that lead you to your conclusion.Smit wrote:The 10 year rules have been changed recently and you can only qualify if all the visa extensions were done from within the UK.
-: which is to be expected..... after 2 April 2007 will have to show that he has sufficient knowledge of the English language, and of life in the UK before qualifying for ILR.
That is so Smit. But previously I remember there was a thread concerning ties to the UK whilst abroad and the OP (A university postgrad student) was trying to use this rule although he had a short break in France. I don't think he will now succeed due to the release of this IDI unless ofcourse he made the application earlier before its publication.Smit wrote:John,
Look at paragraph 2.1.3 and especially the part that provides, "A person who leaves the UK when one period of leave expires, and comes back with a fresh grant of leave, will not be resuming his continous residence, but will instead be starting a new period of residence in the UK."
This effectively means that any fresh applications made from outside the UK reset the clock for purposes of the 10 years rule.
Smit
Smit wrote:Jes,
The scenario that you mention is precisely what the new IDI's are trying to catch out.
From a reading of the IDI's, a person coming back to the UK having made a new EC application abroad will have his clock reset, irrespective of the fact that his previous leave has not expired whereas a person who goes abroad and comes back (provided that he doesn't remain outside the UK for longer than the permitted period) using his previous leave will be treated as being continously resident in the UK for ILR purposes under the 10 years rule.
Any other opinions welcome.
Thanks for your reply. You have said that once my wife has ILR in Aug 2010 and I am a British citizen by then, then she can immediately apply for naturalization. Does that mean that she will not have to wait another year, after she has got ILR, to apply for naturalization? Therefore theoretically will she be able to apply for naturalization the next day after getting her ILR?jazbaati99 wrote:Hi Abbas
As pointed out earlier you cannot include your wife and children in your ILR application based on 10 year residency. As soon as you get ILR is Sep 08, you have to apply for a 2 year spouse visa for your wife and register you child as a british citizen since she is born in UK. You wife can then apply for ILR 28 days before the expiry of her spouse visa in Aug 10. Assuming if you are a british citizen by then, your wife can immediately apply for naturalization.
No. There are two options:abbas18 wrote:What if I am not a British citizen when my wife gets ILR? Can we then both apply for naturalisation together once she gets her ILR?